{"id":"F2023L01239","name":"Veterans’ Entitlements (Invalidity Service Pension – Permanent Incapacity for Work) Determination 2023","slug":"veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104803,"registerId":"commonwealth-F2023L01239-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the day after registration.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 37AA of the Veterans’ Entitlements Act 1986.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n> Note: Terms used in this instrument have the same meaning as they do in the Veterans’ Entitlements Act 1986. For example, the following are defined in that Act:\n\n> Note: Approved Guide to the Assessment of Rates of Veterans’ Pensions;\n\n> Note: Commission;\n\n> Note: Military Rehabilitation and Compensation Commission;\n\n> Note: MRCA.\n\n  In this instrument:\n\n> Act means the Veterans’ Entitlements Act 1986.\n\n> Special Rate Disability Pension has the same meaning as in section 5 of the MRCA.\n\n> Department means the Department of Veterans’ Affairs.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Schedules","content":"#### 5 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Savings","content":"#### 6 Savings\n\n  (1) This section applies to a person who, immediately before the commencement of this instrument, was permanently incapacitated for work under the Veterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013.\n  (2) On the commencement of this instrument, the person is taken to be permanently incapacitated for work under this instrument.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Circumstances when permanently incapacitated for work","content":"#### 7 Circumstances when permanently incapacitated for work\n\n  For paragraph 37(1)(c) of the Act, a person is permanently incapacitated for work if:\n    (a) at least one of the following applies to the person:\n    (i) the person is permanently blind in both eyes;\n    (ii) the person receives a special rate of pension under section 24 of the Act;\n    (iii) the person receives a Special Rate Disability Pension;\n    (iv) the person would receive a Special Rate Disability Pension but for the application of section 204 or section 415 or both of the MRCA to the person;\n    (v) the Military Rehabilitation and Compensation Commission is satisfied the person meets the eligibility criteria mentioned in subsection 199(1) of the MRCA; or\n    (b) all of the following are met:\n    (i) the person has an impairment that, if it was an injury or disease for the Approved Guide to the Assessment of Rates of Veterans’ Pensions, would result in a combined impairment rating of 40 or more under Table 18.1 of the Guide;\n    (ii) because of the impairment, the person is permanently unable to work for more than 8 hours a week;\n    (iii) the Commission is satisfied that the impairment is permanent.\n\nSchedule 1—Repeals\n\nVeterans’ Entitlements (Invalidity Service Pension ─ Permanent Incapacity for Work) Determination 2013\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of the 2013 determination. It maintains the same scope—defining permanent incapacity for work for Invalidity Service Pension purposes. The savings provision (section 6) ensures continuity for existing recipients. No expansion beyond the original purpose is evident."},"complexity_factors":["Cross-references to three separate pieces of legislation: Veterans' Entitlements Act 1986, MRCA (Military Rehabilitation and Compensation Act), and the Approved Guide to the Assessment of Rates of Veterans' Pensions","Nested conditional logic in section 7 with two alternative pathways (7(a) and 7(b)), where 7(a) contains 5 disjunctive options (i-v) and 7(b) requires all three conjunctive criteria to be met","Technical reference to specific sections of the MRCA (sections 199(1), 204, 415) without explanation of what those sections do","Requires understanding of external assessment instruments (Table 18.1 of the Approved Guide) which are not reproduced in the instrument","Interaction between multiple decision-makers: the Commission (Repatriation Commission) and the Military Rehabilitation and Compensation Commission have different roles in assessing different criteria"],"plain_english_summary":"This legislation updates the 2013 test for Invalidity Service Pension eligibility, defining when a veteran is \"permanently incapacitated for work\" under the 2023 rules and preserving existing recipients' status. \n\nQualification follows two routes: certain severe or already‑recognised conditions (e.g., permanent bilateral blindness or existing special‑rate awards) grant automatic eligibility, or a medical assessment showing a 40‑point impairment, incapacity to work more than eight hours weekly, and permanence can qualify. It affects veterans, DVA, and claims‑assessment bodies."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the 2013 Determination and substitutes new criteria (Schedule 1), so the governing legal text has changed even though existing persons previously found permanently incapacitated are preserved on commencement (s6). Operationally: the Department (defined in s4) remains the administrative agency linked to the entitlement; the Military Rehabilitation and Compensation Commission must make satisfaction findings about permanence (s7(b)(iii)), and claimants must meet either benefit-based triggers (s7(a)) or the combined impairment-and-work-capacity test (s7(b)(i)–(ii)), which creates a documentation and medical-evidence burden on applicants. The instrument relies on external rating guidance (Table 18.1 of the Approved Guide) for the impairment threshold (s4; s7(b)(i)), concentrating interpretative discretion in the Commission and officials who apply those cross-referenced standards."},"complexity_factors":["Cross-references to external instruments and legislation (Veterans’ Entitlements Act 1986; MRCA; Approved Guide) create dependency on outside texts (s4, s7(b)(i)).","Combination of benefit-based triggers and a medical-rating + work-capacity test increases conditionality for claimants (s7(a) & s7(b)).","Commission discretion: the Commission must be \"satisfied\" that an impairment is permanent, creating an evidential and administrative assessment step (s7(b)(iii)).","Savings clause preserves prior determinations on commencement, adding transitional application complexity (s6).","Repeal of the 2013 Determination and substitution by this instrument requires agencies to update internal procedures and references (Schedule 1; s5).","Immediate commencement on registration shortens the window for administrative adjustment (s2)."],"plain_english_summary":"This instrument replaces the 2013 Determination and sets the legal test for who is \"permanently incapacitated for work\" for the Invalidity Service Pension under the Veterans’ Entitlements Act 1986. It declares benefit-based triggers (e.g. permanent blindness or receipt/entitlement to a special‑rate pension) and a medical test (a combined impairment rating of 40+ plus inability to work more than 8 hours/week), and preserves existing findings on commencement. It affects veterans seeking the service pension and the Department and Commission that assess and pay claims."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023","history":"/api/acts/veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023/history","analysis":"/api/acts/veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023/analysis","conflicts":"/api/acts/veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023/conflicts","importantCases":"/api/acts/veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023/important-cases","documents":"/api/acts/veterans-entitlements-invalidity-service-pension-permanent-incapacity-for-work-determination-2023/documents"}}